Part 50
Stop Notices and Stop Orders
Contents of this Part
| Scope of this Part | Rule 50.1 |
| Right to apply for stop notice | Rule 50.2 |
| Procedure for obtaining stop notice | Rule 50.3 |
| Service | Rule 50.4 |
| Amendment of stop notice | Rule 50.5 |
| Withdrawal or discharge of stop notice | Rule 50.6 |
| Stop Orders | Rule 50.7 |
| Procedure on application for stop order | Rule 50.8 |
| Power to vary or discharge stop order | Rule 50.9 |
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| Scope of this Part 50.1 (1) This Part enables a person - (a) by obtaining a stop notice, to be notified of proposed dealings relating to stock; or (b) by obtaining a stop order to prevent certain specified steps to be taken with regard to stock or funds in court. (2) In this part "stop notice" means a notice requiring any person or body on whom it is served to refrain from taking, in respect of any of the stock specified in the notice, any of the specified steps without first notifying the person by whom, or on whose behalf, the notice was served; "stop order" means an order of the court prohibiting the taking, in respect of any of the stock specified in the order, any of the specified steps; and "the specified steps" means (a) the registration of any transfer of the stock; or (b) in the case of stock or funds in court, the transfer, sale or other dealing with the stock or the payment out of the income thereof; or (c) the making of any payment by way of dividend, interest or otherwise in respect of the stock.
Right to apply for stop notice 50.2 Any person who claims to be beneficially entitled to an interest in stock may apply for a stop notice.
Procedure for obtaining stop notice 50.3 (1) Anyone who wants the court office to issue a stop notice ("the applicant") may obtain one by filing a notice in the practice form. (2) The applicant must also file an affidavit which - (a) identifies the stock (b) identifies the applicant's interest in it; and (c) gives an address for service for the applicant. (3) The court office must then issue a stop notice.
Service 50.4 (1) The applicant must serve a copy of - (a) the stop notice; and (b) his affidavit, on the public company and any keeper of the register on whom he would have had to serve a charging order relating to the stock. (2) After that, so long as the stop notice is in force, the company or the keeper of the register must not register a transfer of the stock or take any step mentioned in the stop notice until 14 days after sending a notification to the applicant.
Amendment of a stop notice 50.5 (1) If a stop notice describes any stock incorrectly, the applicant may ask the court office to issue an amended notice. (2) The application may be made without notice. (3) Rule 50.4 applies to an amended notice as it applies to the original notice.
Withdrawal or discharge of stop notice 50.6 (1) The person on whose behalf the court office issued a stop notice may withdraw it by serving a notification of withdrawal on every person on whom the stop notice was served. (2) On the application of any person claiming to be beneficially interested in the stock to which a stop notice relates the court may by order discharge or vary the notice. (3) An application for such an order must be served on the person on whose behalf the court originally issued the stop notice.
Stop orders 50.7 (1) The court may make a stop order relating to - (a) stock; or (b) funds in court. (2) The stop order may prohibit the taking of any of the specified steps.
Procedure on application for stop order 50.8 (1) Any person claiming to be beneficially entitled to stock may apply for a stop order. (2) In the case of money in court any person - (i) who has a mortgage or charge on the interest of any person in funds in court; or (ii) to whom that interest has been assigned; or (iii) who is a judgment creditor of the person entitled to that interest, may apply for a stop order. (3) Notice of an application for a stop order must be served on any person whose interest may be affected by the order and, in the case of funds in court on the proper officer.
Power to vary or discharge stop order 50.9 The court may vary or discharge a stop order on the application of any person claiming to be entitled to any interest in the stock to which the order relates. |